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Training on Trade in Information and Communication Services World Bank - COMESA - WTO Geneva, 23-27 April 2007 Session 9: Challenges of Domestic Regulatory Reform Dr. Susan Teltscher Chief, ICT Policy and Analysis Unit ICT and e-Business Branch, SITE UNCTAD Enabling Policy Frameworks for ICT Trade and Development
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Enabling Policy Frameworks for ICT Trade and Development

Feb 03, 2022

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Page 1: Enabling Policy Frameworks for ICT Trade and Development

Training on Trade in Information and Communication ServicesWorld Bank - COMESA - WTOGeneva, 23-27 April 2007Session 9: Challenges of Domestic Regulatory Reform

Dr. Susan TeltscherChief, ICT Policy and Analysis Unit

ICT and e-Business Branch, SITEUNCTAD

Enabling Policy Frameworks for ICT Trade and Development

Page 2: Enabling Policy Frameworks for ICT Trade and Development

This presentation

• National ICT strategy concept• Policy examples• Review and evaluation• UNCTAD assistance

Page 3: Enabling Policy Frameworks for ICT Trade and Development

UNCTAD and ICT for Development

Page 4: Enabling Policy Frameworks for ICT Trade and Development

National ICT Strategies: main objectives

• Raise awareness about the role of ICT for development

• Create an enabling environment for the adoption of ICT

• Build capacity & skills for the information economy

Page 5: Enabling Policy Frameworks for ICT Trade and Development

National ICT policy framework

Source: UNCTAD (2003) E-Commerce and Development Report

Page 6: Enabling Policy Frameworks for ICT Trade and Development

Basic elements of an ICT policy framework

1. ICT infrastructure, connectivity and access

2. Legal and regulatory framework3. ICT human resources and skills4. Business development5. ICT-related trade and investment

policies6. E-government7. Technological innovation (R&D)

Page 7: Enabling Policy Frameworks for ICT Trade and Development

2. Legal and regulatory framework

• Telecom regulation• Trade and investment regulation• E-commerce laws• Taxation

Page 8: Enabling Policy Frameworks for ICT Trade and Development

Regulating e-commerce

Need for trust

Page 9: Enabling Policy Frameworks for ICT Trade and Development

Regulating e-commerceInternet:

Actors:BusinessesConsumersPublic admin.Intermediaries

no borders - no locationdecentralised (no inherent control) ubiquity (too many rules)rapidity (urgency for quick dispute resolution)

ISP

RoutersWeb server

Consumer

CorporateUser

Dial-up

Leased lines

Backbone network

Internet Exchange Point

Page 10: Enabling Policy Frameworks for ICT Trade and Development

Regulating e-commerce

Privacy/ Data protection

Security/ authentication

Intellectual property

rights

Liability of ISPs

Content regulation

Internet governance

e-payments Consumer protection

Jurisdiction Applicable law e-contracting e-signatures

Dispute resolution

Spam Cybercrime Negotiability/ documents of

title

Page 11: Enabling Policy Frameworks for ICT Trade and Development

Legal solutions

• International legal instrumentsModel laws/ guidelines

UNCITRAL Model Laws on e-commerce and electronic signatures EU Directives on Electronic CommerceCouncil of Europe Convention on Cybercrime

Page 12: Enabling Policy Frameworks for ICT Trade and Development

Legal solutions

• International legal instrumentsContractual approaches

European model EDI AgreementCode of conduct – self regulation

UN/CEFACT ModelInternational convention

UNCITRAL Convention on e-contracting

Page 13: Enabling Policy Frameworks for ICT Trade and Development

Basic legal infrastructure

• Recognition of electronic messages• Electronic signatures• Online dispute resolution• Cybercrime

Page 14: Enabling Policy Frameworks for ICT Trade and Development

Basic elements of an ICT policy framework

1. ICT infrastructure, connectivity and access

2. Legal and regulatory framework3. ICT human resources and skills4. Business development5. ICT-related trade and investment

policies6. E-government7. Technological innovation (R&D)

Page 15: Enabling Policy Frameworks for ICT Trade and Development

5. ICT-related trade and investment policies

• Increase trade in ICT goods and services• Attract FDI• Promote ICT-related activities (e.g.

outsourcing/offshoring) • Develop the domestic IT industry

Page 16: Enabling Policy Frameworks for ICT Trade and Development

The Indian case: trade in ICT- enabled services has witnessed phenomenal growth

1.4 1.9 2.6 3.96.0

1.84.0

7.7

12.8

23.6

13-15

7.2

60 +

31.0

FY98 FY00 FY02 FY04 FY06 FY07P FY10^

DOMESTIC MARKET* EXPORTS*

USD Billion

Source: NASSCOM ^NASSCOM McKinsey Study 2005

FY00-10 22.1% 31.2%21.1% 34.6%

28.9%FY00-06 31.0%

CAGR

10 YR TARGET

ACHIEVED* Includes IT Software and Services, ES and Products, as well as ITES-BPO

TOTALPERIOD

Page 17: Enabling Policy Frameworks for ICT Trade and Development

Trade and investment policies

• GATS commitments

• FDI restrictions (foreign ownership, screening procedures, operational)

• Investment incentives (stable, secure environment, tax breaks)

Page 18: Enabling Policy Frameworks for ICT Trade and Development

WTO Market access commitments for computer & related services (Mode 1)

Source: UNCTAD (2006)

Page 19: Enabling Policy Frameworks for ICT Trade and Development

WTO Market access commitments for computer & related services (Mode 3)

Source: UNCTAD (2006)

Page 20: Enabling Policy Frameworks for ICT Trade and Development

UNCTAD FDI study (2006)• FDI restrictions in services

(index-based)• Telecom highly restricted• GATS underestimates

degree of FDI openness• Positive correlation between

FDI inflows and degree of openness (but outliers)

Page 21: Enabling Policy Frameworks for ICT Trade and Development

0.00

0.10

0.20

0.30

0.40

0.50

0.60

0.70En

viro

nmen

tal

Con

stru

ctio

n

Tour

ism

Hea

lth

Educ

atio

n

Dis

tribu

tion

Busi

ness

All s

ervi

ces

Fina

nce

Tran

spor

t

Com

mun

icat

ion

Elec

trici

ty

FDI restrictions by service sector, 2004

Source: UNCTAD (2006)

Page 22: Enabling Policy Frameworks for ICT Trade and Development

0.00

0.10

0.20

0.30

0.40

0.50

0.60N

. Afri

ca

Oth

er A

frica

Wes

t Asi

a

Sou

th A

sia

Sou

th-E

ast A

sia

Eas

t Asi

a

Sou

th A

mer

ica

Oth

er L

atin

Am

. & C

arib

.

Cen

tral a

nd E

aste

rn E

urop

e

Wor

ld

Source: UNCTAD (2006)

FDI restrictions by region, 2004

Page 23: Enabling Policy Frameworks for ICT Trade and Development

0.0

0.2

0.4

0.6

0.8

1.0

1.2

Cze

ch R

ep. o

f

Boliv

ia

Uga

nda

Rom

ania

Arge

ntin

a

Para

guay

Jam

aica

Sene

gal

Gua

tem

ala

Hun

gary

Mor

occo

Mon

golia

Peru

Chi

le

Slov

enia

Pola

nd

Ecua

dor

Uru

guay

Trin

idad

& T

obag

o

El S

alva

dor

Tanz

ania

, UR

of

Turk

ey

GATS

Baseline (GDP w eights)

0.0

0.2

0.4

0.6

0.8

1.0

1.2

Col

ombi

a

Sout

h Af

rica

Dom

inic

an R

ep.

Cos

ta R

ica

Moz

ambi

que

Vene

zuel

a

Braz

il

Nig

eria

Egyp

t

Kore

a, R

ep. o

f

Gha

na

Sri L

anka

Mex

ico

Paki

stan

Mau

ritiu

s

Keny

a

Tuni

sia

Chi

na

Indi

a

Thai

land

Mal

aysi

a

Qat

ar

Indo

nesi

a

Philip

pine

s

Source: UNCTAD (2006)

FDI restrictions lower than GATS

Page 24: Enabling Policy Frameworks for ICT Trade and Development

Asia is ICT TNCs’ main target

In which of the following regions does your company currently invest or intend to invest (%)?

42.4

45.5

57.6

66.7

69.7

69.7

0 10 20 30 40 50 60 70 80

Africa

Latin America

Middle East

Eastern Europe

South-East Asia

Other dev. countries in Asia

Source: UNCTAD (2002)

Page 25: Enabling Policy Frameworks for ICT Trade and Development

Policies to attract ICT investors

Factors that your company considers in choosing a developing country as a potential location for investment

4.3

4.7

5.2

5.7

5.7

6.0

0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0

Investment incentives

Education of workforce

Workforce IT competence

Cost of production

General policy environment

Access to markets

Source: UNCTAD (2002)

Page 26: Enabling Policy Frameworks for ICT Trade and Development

Basic elements of an ICT policy framework

1. ICT infrastructure, connectivity and access

2. Legal and regulatory framework3. ICT human resources and skills4. Business development5. ICT-related trade and investment

policies6. E-government7. Technological innovation (R&D)

Page 27: Enabling Policy Frameworks for ICT Trade and Development

WSIS target: all countries have a national ICT strategy by 2010

2006: how many developing countries have adopted an ICT strategy or master plan?

National ICT strategy

• 181 developing and transition countries and territories surveyed by UNCTAD

Page 28: Enabling Policy Frameworks for ICT Trade and Development

Source: UNCTAD (2006)

UNCTAD survey on national ICT master plans in developing countries

No information available

36 countries are designing an ICT plan (20%)

80 countries have adopted an ICT plan (44%)

Page 29: Enabling Policy Frameworks for ICT Trade and Development

The way ahead: ICT policy reviews

• National ICT plans exist in many developing countries

• Need to assess and evaluate policies

• ICT monitoring and measurement

• UNCTAD: ICT policy reviewframework for the information economy

Page 30: Enabling Policy Frameworks for ICT Trade and Development

ICT infrastructure & accessAccess to & use of ICTs by households and individualsUse of ICTs by businessesICT sector and trade in ICT goodsOther ICT indicators

ICT environment ICT policy framework

Objectives and priority areas & strategic approachICT infrastructure development Legal and regulatory framework ICT human resources/skills Business developmentICT-related trade & investment policiesE-governmentTechnological innovation (R&D)

Implementation &Institutional framework

Integration of ICT policies in national development plans /PRSPInstitutional setup for implementation of ICT planPolicy coordination Financial resourcesMonitoring and evaluation

Policy recommendations Tran

spar

ent a

nd c

ontin

uous

con

sulta

tion

proc

ess

with

all

stak

ehol

ders

Revised ICT master plan/policies

Assessment of existing ICT master plan

Indicators of achievement – identification of success factors, best practices, lessons learnt and challenges ahead

ICT uptake and use indicators

Source: UNCTAD (2006)

UNCTAD ICT policy review model framework

Page 31: Enabling Policy Frameworks for ICT Trade and Development

National ICT policies and indicators

• Quantitative measurement of ICT uptake and use is one of the three pillars in ICT policy review model framework

Page 32: Enabling Policy Frameworks for ICT Trade and Development

Role of indicators• To assess the impact of ICTs on economic

growth, trade, and development

• To collect evidence on ICT uptake and use at the national level

• To better target national ICT policies and create an enabling environment for e-business

• To benchmark your country’s information economy against those of your neighbors, and globally

• To take informed investment and business decisions

Page 33: Enabling Policy Frameworks for ICT Trade and Development

Closing the data gap in developing countries

Source: UNCTAD (2006)

Page 34: Enabling Policy Frameworks for ICT Trade and Development

International level

ITUOECDUNCTADUNESCO Institute for Statistics(UN ICT Task Force - GAID)World Bank

Regional level

ECAECLACESCAPESCWA Eurostat

Current members

http://http://measuringmeasuring--ict.unctad.orgict.unctad.org

Role of indicators – global initiative

Page 35: Enabling Policy Frameworks for ICT Trade and Development

Conclusion

National ICT Strategies:

• Promote infrastructure, connectivity and access• Build human competence• Adequate legal and regulatory framework• Business sector policies• E-government• Technology and innovation• Carry out periodic ICT policy reviews – role of ICT

indicators

Page 36: Enabling Policy Frameworks for ICT Trade and Development

National ICT Policy ReviewsLegal aspects of e-commerce (advisoryservices, drafting of legislation, seminars, 1-week training course)

ICT measurement (advisory services, methodological manual, seminars, 1-weektraining course)

UNCTAD ICT Technical Assistance

Page 37: Enabling Policy Frameworks for ICT Trade and Development

Information Economy ReportThe Information Economy Report 2006: The Development Perspective

Provides unique data on the adoption of ICT by enterprises in developing countries. It also explores ICT policy options in a developing-country context and proposes a framework for national ICT policy reviews and for the design and assessment of pro-poor e-strategies.

Page 38: Enabling Policy Frameworks for ICT Trade and Development

WTO-WB-COMESA Training on Trade in Information and Communication Services Geneva, 23-27 April 2007

[email protected]/ecommerce

measuring-ict.unctad.org

Thank youThank you